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Fed Up With Interlock Machine. What Can I Do?

Houston, TX |

Ok so ive been on probation for 6 months now for a DWI. I got 6 more months to go. I am under 21 and have a interlock machine at home. My sister helps me pay for it! Its $106.00 a month and she is fed up she dosent want to help me any more and i dont have anymore financial support than my sister. Will I Go to jail for not being able to pay the machine? Can i get off the interlock machine terms or conditions? and if so how can i go about that?

Attorney Answers 3


Only the court can change the conditions of probation. If those conditions include an ignition interlock, then only the court can delete that condition. Getting a change of probation conditions is typically best done with the assistance of a criminal defense lawyer. There is not guarantee that such efforts will be successful however.

Answers on Avvo are for general information purposes only and should not be relied upon as legal advice. No attorney / client relationship is created by providing this answer. For specific advice about your situation, you should consult a competent attorney of your choosing.

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Your attorney needs to file a motion to remove the Interlock condition from your probation. Judges will often grant it if you are halfway through the probation and haven't had any violations. But it is completely within the discretion of the court.

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You likely cannot get rid of the in-home device because you got the DWI while underage (and you definitely cannot if you are on DIVERT.) If you are on probation and not DIVERT, you can make an appointment with the judge to ask that your fees on reporting be reduced (so you will have more to pay for the device.) And, you can get a job (even if you are in high school - it is not unusual.)

Cynthia Henley

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